I-CAN Update for February 26

This week marks the end of the second phase of the session. Third reading deadline was Thursday. Bills had to pass third reading in each chamber. The original house then has the opportunity to concur with changes (if there were any) or to dissent. If the bills are agreed to they go to the Governor for signature; if there is a dissent, a conference committee is appointed to work out an agreement. The session is expected to end next week Friday. Hence, bills moved and many were amended to include bills passed in one house but not heard in the second. Others died in committee or on second reading.
Bills with amendments - likely going to conference committee

HB 1367, Education matters, passed the Senate 31 - 19. In addition to the Senate's version of dealing with the school funding issue, the bill also contains SB 258 the reading and retention bill, and SB 150, the school calendar issue prohibiting school from beginning before Labor Day.

SB 309, Education matters, (title change from School corporation expenditures), was the subject of dramatic changes this week. In an unusual move, the Speaker ordered the bill to be reconsidered on Monday. In another unexpected development, Chairman Greg Porter (D- Indianapolis) removed the controversial aspects of HB 1367 which he inserted last week. Hence, the scholarship tax credit delay is no longer being debated. (The scholarship tax credit is not being threatened by any bill moving in the process. It could be discussed in conference committee but not likely.) The teachers union, which is pushing the school funding changes, wants the issue to be resolved; keeping the scholarship tax credit and virtual charter school funding only reduces the chances of a resolution being crafted. Hence, we believe the scholarship tax credit is secure. During second reading, many amendments were added to the bill including a fee (tax) on negative political advertising and a swipe at charter school funding. An amendment to provide a tax credit for gifts to schools, public as well as non-public, was defeated due to the fiscal impact to state revenues. The bill passed the House 83 - 16.

HB 1181, Township government passed the Senate 29 - 21. The bill now reflects the Senate's version of township government reform including the transfer of the fiscal oversight to the county council as well as some provisions regarding nepotism and public meetings. The bill will go to conference committee as it is dramatically different from the House bill which provided for a referendum in each township regarding the continuance of the township government system.

HB 1030, Local government reorganization, has been expanded in the Senate to include the issue of drawing legislative districts as well as several aspects regarding elections such as changing city and school elections to the general election rather than special elections for these offices only. Also, other local government reforms include prohibiting government employees from serving on local governing bodies. The bill passed the Senate 30 - 20.

Bills changed but likely to be concurred with and should go to the Governor
HB 1001, Government ethics passed the Senate 50 - 0. Among the salient features, this bill provides for transparency and sets new limits for reportable gifts to legislators; sets up a one year waiting period before a legislator could become a lobbyist.

SB 224, Dissemination of indecent material; sex offender registration, passed 96 - 0.
The bill requires the sentencing study policy committee to study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device. In addition to the study committee, it allows schools to offer classes or instruction regarding the risks and consequences of creating and sharing sexually suggestive or sexually explicit materials electronically. Lastly, it adjusts the law regarding the filing and notice requirements for a petition to remove a person's designation as a sex offender or to require the person to register under less restrictive conditions.

Bills not altered in the second house, going to the Governor for signature or veto

HB 1021, Bankruptcy exemptions; earned income tax credit, passed the Senate 44 - 6 with no changes.

SB 71, Involuntary manslaughter and pregnancy, was not altered in the House, except for the title of the bill. The bill provides that a drunk driver who kills a viable fetus commits the crime of involuntary manslaughter. It passed the House 97 - 0.

There is agreement on legislative and lobbying ethics and property tax caps, two of the four or five major issues of the session. School funding to make up some of the cuts and unemployment insurance are the two issues left for conference committee to work through. Another significant issue is local government; changes to county executive and eligibility for local governing bodies and township government are concerns that many, including the Governor would like to see addressed. Legislators are not as eager. This issue unlike the other two, school funding and unemployment, may not be resolved during the coming week.

In addition to the Update, one can obtain more detailed information regarding the bills and detailed information about the legislative process through the Legislative Action Center under policy tools; click issues and legislation to access the state or federal bills. Also, you can access the archived updates, ICC positions and other background information at the ICC web site, www.indianacc.org .